For the purpose of this article, the following terms, words
and the derivations thereof shall have the meanings given below:
A facility providing care, training, education, custody,
treatment, or supervision for thirteen (13 ) or more children for
less than twenty-four (24) hours a day.
Any person younger than seventeen (17) years of age.
A place where a person abides, lodges or resides for fourteen
(14) or more consecutive days.
Includes all improved and unimproved areas on the lot where
a public park, public playground, private or public school, public
or semi-public swimming pool, public or nonprofit recreational facility,
day-care center or video arcade facility is located, as those terms
are or may be defined in section 481.134 of the Texas Health and Safety
Code, as amended. For purposes of this article, landscaped street
medians are not public parks.
A place where a person abides, lodge, or resides for a period
of fourteen (14) or more days in the aggregate during any calendar
year, and which is not the person's permanent address, or a place
where a person routinely abides, lodges or resides for period of four
(4) or more consecutive or nonconsecutive days in a month and which
is not the person's permanent residence.
(Ordinance 2015-12-10-03 adopted 12/10/15)
It is unlawful for a person to establish a permanent or temporary
residence within 1,000 feet of any premises where children commonly
gather if the person is required to register on the Texas Department
of Public Safety's Sex Offender Database (the “database”)
because of a conviction(s) involving a minor.
(Ordinance 2015-12-10-03 adopted 12/10/15)
(a)
It
shall be prima facie evidence that this article applies to a person
if that person's record appears on the database and the database indicates
that the victim was a minor as defined herein.
(b)
For
the purposes of determining the minimum distance separation, the requirement
shall be measured by following a straight line from the outer property
line of the permanent or temporary residence to the nearest property
line of the premises where children commonly gather, as described
herein above, or in the case of multiple residences on one property,
measuring from the nearest property line of the premises to the nearest
property line of the premises where children commonly gather, as described
herein.
(c)
A
map depicting the prohibited areas shall he maintained by the city.
Said map will be available to the public for inspection at the police
department.
(Ordinance 2015-12-10-03 adopted 12/10/15)
Neither allegation nor evidence of a culpable mental state is
required for the proof of any offense defined by this article.
(Ordinance 2015-12-10-03 adopted 12/10/15)
It is an affirmative defense to prosecution under this article
that any of the following conditions apply:
(1)
The
person required to register on the database established the permanent
or temporary residence and has complied with all of the sex offender
registration laws of the state prior to the date of the original adoption
of this article, which was September 25, 2012.
(2)
The
person required to register on the database was a minor when he or
she committed the offense requiring such registration and was not
convicted as an adult.
(3)
The
person required to register on the database is a minor.
(4)
The
premises where children commonly gather, as specified herein, within
1,000 feet of the permanent or temporary residence of the person required
to register on the database was opened after the person established
the permanent or temporary residence and complied with all sex offender
registration laws of the state.
(5)
The
information on the database is incorrect, and, if corrected, this
article would not apply to the person who was erroneously listed on
the database.
(6)
The
person was at the time of the violation subject to community services
supervision pursuant to section 13B of article 42.12 of the Texas
Code of Criminal Procedure, as amended, and the court reduced or waived
the one thousand foot (1,000) restriction for a child free zone under
section 13B(a)(1)(B) of article 42.12 of the Texas Code of Criminal
Procedure, as amended, as it applies to the person's residence.
(Ordinance 2015-12-10-03 adopted 12/10/15)
A person who violates any of the provisions of this article
shall be guilty of a misdemeanor and upon conviction shall be fined
a sum not to exceed $500.00 for each offense, and each and every violation
or day such violation shall continue or exist, shall he deemed a separate
offense.
(Ordinance 2015-12-10-03 adopted 12/10/15)
